Tuesday, February 7, 2012

What Kind Of Day Has It Been

International
Domestic

The Short List - February 7, 2012

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Domestic

Monday, February 6, 2012

What Kind Of Day Has It Been

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The Short List - February 6, 2012

International

Domestic

Friday, February 3, 2012

Uniting for Peace

As UN Security Council action on Syria founders on the usual rocks of the veto-wielding permanent members, David Bosco has posted a series of entries on his Multilateralist blog at FP discussing the veto power and ways around it (Bosco posits shame). What he hasn’t included is a discussion of the “Uniting for Peace” resolution, the most direct (if esoteric) way around Russia’s veto obstruction.

Resolution 377 A—the so-called Uniting for Peace resolution—was adopted by the General Assembly in 1950 in response to Soviet veto obstructionism (the more things change?). At the time, the Soviet Union was preventing further UN Security Council action on the crisis in Korea after it ended its boycott of the Security Council. The text of the resolution reads in part:

Reaffirming the importance of the exercise by the Security Council of its primary responsibility for the maintenance of international peace and security, and the duty of the permanent members to seek unanimity and to exercise restraint in the use of the veto,
 . . .
 Conscious that failure of the Security Council to discharge its responsibilities on behalf of all the Member States, particularly those responsibilities referred to in the two preceding paragraphs, does not relieve Member States of their obligations or the United Nations of its responsibility under the Charter to maintain international peace and security,
 Recognizing in particular that such failure does not deprive the General Assembly of its rights or relieve it of its responsibilities under the Charter in regard to the maintenance of international peace and security,
 Recognizing that discharge by the General Assembly of its responsibilities in these respects calls . . . for the existence of armed forces which could be used collectively . . .
 1. Resolves that if the Security Council, because of lack of unanimity of the permanent members, fails to exercise its primary responsibility for the maintenance of international peace and security in any case where there appears to be a threat to the peace, breach of the peace, or act of aggression, the General Assembly shall consider the matter immediately with a view to making appropriate recommendations to Members for collective measures, including in the case of a breach of the peace or act of aggression the use of armed force when necessary, to maintain or restore international peace and security. . . .

The Uniting for Peace resolution has been invoked on several occasions to circumvent a deadlocked Security Council in the face of a threat or breach of international peace and security. These occasions have included the United States’ invocation of Uniting for Peace during the Suez Crisis.

In theory, the Uniting for Peace resolution offers a path around the Security Council for Western actors that seek to intervene in Syria. Although it does not authorize military action under Chapter VII, as a Security Council resolution may, it may call for collective military action. Thus, the General Assembly could not invoke, as could the Security Council, endorse the Arab League plan for Syria under Chapter VII authority, which would compel Syria to follow that plan or face international force. But, Uniting for Peace, could be used to call on members of the international community to intervene in Syria because of its failure to carry out the Arab League plan (or because Syria’s actions are a threat to or breach of international peace and security). In the wake of intervention, it would then be up to the ICJ to determine whether such intervention under the guise of Uniting for Peace was wrongful.

Of course, like so many other technical devices, once used in this manner it can never be unused. The prospect of taking internationally sanctioned uses of force out of the hands of the Security Council and, implicitly, the hands of the permanent members thereof is the very reason this route is unlikely. Much like the elevation of R2P to the level of customary international law or (even less likely) jus cogens, this would represent a radical alteration in the power dynamics of the current international system.

Thursday, February 2, 2012

What Kind Of Day Has It Been

International

Domestic

Wednesday, February 1, 2012

The Short List - February 1, 2012

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Tuesday, January 31, 2012

What Kind Of Day Has It Been

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Monday, January 30, 2012

The Short List - January 30, 2012

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Saturday, January 28, 2012

Correction -- Bani Walid Fighting Not A Pro-Qaddafi Uprising

In Wednesday's WKODHIB, DCExile linked to a report indicating that the fighting in Bani Walid was sparked by pro-Qaddafi forces revolting against the NTC. That report was inaccurate

Friday, January 27, 2012

What Kind Of Day Has It Been

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Domestic

On Marginalia

This Editor loves formatted, printed text; he loves marginalia; and he loves marking, dog-earing, and thumbnailing his way through books and articles. His Kindle receives a fair amount of attention but the inaccessibility of the text itself, the lack of pagination, and the repositioning of the text on the screen when one leaps to and fro footnotes are constant sources of aggravation. This comment, in the New Yorker hit home, particularly:
The Kindle allows for electronic marginalia via the “notes” function, but it feels all wrong: something about having to call up a menu and type a note on the keypad, with its little stud-like plastic buttons, makes the whole process seem forced and contrived. Marginalia are supposed to be spontaneous and fluent. “Noting” something on a Kindle feels like e-mailing yourself a throwaway remark. There’s also something attractive about the contrast between the impersonal authority of the printed page and the idiosyncrasies of the reader’s handwriting. A book someone has written in is an oddly intimate object; like an item of clothing once worn by a person now passed away, it retains something of its former owner’s presence.


The Short List - January 27, 2012

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Thursday, January 26, 2012

What Kind Of Day Has It Been

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Wednesday, January 25, 2012

What Kind Of Day Has It Been

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The Short List - January 25, 2012

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Tuesday, January 24, 2012

What Kind Of Day Has It Been

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Domestic

DCExile's 2012 State of the Union Drinking Game

It’s that time again--the President’s Annual State of the Union Address. And, with it, time for DCExile’s Annual State of the Union Drinking Game. His is mandated by Article 2, Section 3 of the U.S. Constitution. Ours is derived from an even hoarier source of law: custom. And, as the Sergeant at Arms announces the President’s entry into the House of Representatives, allow us to convene our tradition: Ladies and Gentleman, the DCExile State of the Union Drinking Game:


  • During the pre-game--err, we mean pre-speech--show, drink one sip of beer each time the Republican Primary is mentioned
  • During the pre-game show, drink one sip of beer each time a candidate in the Republican Primary is compared with the President
  • During the pre-game every time “wife” is preceded by a numerical qualifier, take a sip.  When it applies to Gingrigh, drink a boilermaker.  (Newt Gingrich, doing Pennsylvania proud since he decided to claim residency in a different state)
  • During the pre-game show, drink half your beer anytime a former Republican candidate is mentioned
  • Anytime “Fair Shake” is compared to “the New Deal,” “the Fair Deal,” “the Square Deal,” or any other deal, have a shot of beer
  • If the State of the Union is likened to your high school prom, drink from a plastic handle of vodka that cost no more than $12 (DCExile recommends Rubinoff)
  • One shot of Old Grand-Dad if the Sergeant at Arms appears to have not aged since the last State of the Union
  • As the President and Leadership walk down the aisle, drink one sip of beer each time Speaker Boehner winks at someone; one Shirley Temple each time a tear comes to Boehner’s eye -- in fact, apply this rule throughout the State of the Union Address
  • When Al Green is in the camera shot (and he will be), sing Here I am Baby into the mouth of your beer can like a microphone.
  • One shot of schnapps every time the First Lady and Invitees are shown
  • Shotgun a beer for “The State of our Union is Strong” or any variation thereon
  • Anytime the Republican members of Congress do something disrespectful that would have been considered treason under the George W. Bush administration, one shot of whiskey; throw the shot glass at the wall.
  • Half a beer for each standing ovation
  • Guzzle for Democrat-only standing ovation
  • Pinky out sip for Republican-only standing ovation (Look mom, Log Cabin Republicans do exist!)
  • Celebratory shot of tequila anytime there is bipartisan clapping
  • Every time the President says “challenge” or “challenged” spin around three times and drink half a beer.
  • “Fair Shake” = Shotgun a Beer
  • Every time the President says “Wall Street” fire off two desk pops and finish your beer.
  • Every time the President says “Main Street” exclaim, “I’m not licked!” and finish your beer.
  • Every time the payroll tax cut extension is mentioned, sip of beer (hey, we’re not trying to kill you)
  • If health care reform is mentioned, drink whiskey twice: once in celebration because it’s the water of life; once in disgust because you know the remaining Blue Dogs are going to run away from it
  • He says Iran, you drink Shiraz
  • He says Arab Spring (or Egypt or Libya or Syria or Yemen), you drink tea, smoke a hookah, and sneak a sip of beer
  • We hear Euro Crisis and you taste schnapps again
  • If Biden falls asleep in the background, email in sick to work the next day and declare a case day.

The Short List - January 24, 2012

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Domestic

Monday, January 23, 2012

What Kind of Day Has It Been

International

Domestic

The Short List - January 23, 2012

International
Domestic

Friday, January 13, 2012

The Short List - January 13, 2012

International
Domestic
**Programming Note:  Your editor will be on travel the early part of next week, so the Short List may or may not be published.**

Thursday, January 12, 2012

re: Executive Authority & War Making

Over at Lawfare, Ben Wittes has been reposting Peter Marguiles' dispatches from the AALS conference. This one summarizes the discussion there had on the different views of the President's authority to engage in hostilities absent Congressional authorization. Back in March, DCExile echoed Jack Goldsmith (also of Lawfare) here. Now, Marty Lederman has outlined an eminently sensible approach:
Marty suggested that the Clinton and Obama Administrations have been seeking an alternative to these problematic approaches that accounts for all post-WW II executive practice with the (dramatic) exception of the Korean War.  Marty cited Walter Dellinger’s OLC memos from the Clinton administration and Caroline Krass’s memo on initiation of the Libyan intervention, which calibrated the degree of presidential unilateralism permitted to the duration, intensity, and scope of the military intervention.  In essence, those memos suggest (without articulating and hard and fast rules) that the President alone can authorize brief and relatively costless (in blood and treasure) interventions, while bigger, more protracted conflicts require congressional authorization.  

What Kind Of Day Has It Been

International

Domestic

Wednesday, January 11, 2012

What Kind Of Day Has It Been

International

Domestic

The Short List - January 11, 2012

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Domestic

Tuesday, January 10, 2012

What Kind Of Day Has It Been

International

Domestic
    The notion that Barack Obama is a socialist ranks among the greatest fairy tales in American society -- right up there with the Easter Bunny, Santa Claus, and the idea that if you work hard enough your children will live a better life than you," Socialist Party spokeswoman Lynn Lomibao said in an email. "Socialists know what Obama is: another corporate funded politician placed in the White House to protect the wealth and status of the 1 percent.
    Satisfied, Republicans?

The Short List - January 10, 2012

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Domestic

Monday, January 9, 2012

The Short List - January 9, 2012

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Domestic